What Comeys testimony means Harvard Gazette

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Nancy Gertner, a retired federal judge in Massachusetts who is now a senior lecturer at Harvard Law School, spoke with the Gazette about the legal issues swirling around the matter.

GAZETTE: Does the totality of Comey’s contacts with the president meet the legal standard for obstruction-of-justice or abuse-of-power charges?

GERTNER: If what Comey said is believed, it could justify a further investigation into obstruction of justice on the part of the president. The matter certainly warrants an investigation. The elements of obstruction of justice include an act whose natural and probable consequences are to interfere with the administration of justice in some way.

In the case of the president, the “act” can be “go easy on Flynn” or “lay off the Flynn investigation.” That clearly is an act that qualifies for obstruction of justice. And in addition, Comey said “I took it as an indication that he wanted me to lay off the investigation.” Here’s a sophisticated player, a former U.S. Attorney, FBI head, who said, “I understood what he was saying, and that’s what he was saying.” So concerned was he about it, in fact, that he did not share it with underlings for fear it would dampen the investigation. It does meet the legal standard for obstruction. ...................